Search Rutgers Law Library N.J. Court Opinions

1 State v. Nance/Bolton/Williams -- rank: 1000

... the Court considers whether an amendment to the Graves Act, N.J.S.A. 2C:43-6.2 (section 6.2), which authorizes a prosecutor to move before ... mandatory minimum terms of incarceration that the statute otherwise requires. N.J.S.A. 2C:43-6.2. Section 6.2 was enacted to authorize the reduction of ... during which the defendant will be ineligible for parole.” N.J.S.A. 2C:43-6.2. Although the prosecutor retains the discretion to decide whether to ... J. 596, 601 (1984)). An amendment to the Graves Act, N.J.S.A. 2C:43-6.2 (section 6.2), authorizes a prosecutor to move before the ... of incarceration with a one-year period of parole ineligibility. N.J.S.A. 2C:43-6.2. If the defendant has been convicted of a first-degree ... mandatory minimum terms of incarceration that the statute otherwise requires. N.J.S.A. 2C:43-6.2. Section 6.2 “was originally proposed as part ...

docket:	A-47-48
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	93541

2 STATE OF NEW JERSEY v. JOHN A. VICARI -- rank: 829

... as provided by an amendment to the Graves Act. See N.J.S.A. 2C:43-6.2 (Section 6.2). The prosecutor rejected the request, and defendant ... DENYING DEFENDANT'S APPLICATION UNDER THE GRAVES ACT ESCAPE VALVE, N.J.S.A. 2C:43-6.2, AND REMAND FOR RESENTENCING. (Raised Below). Following review, we reject ... may be mitigated, as provided by an amendment, codified as N.J.S.A. 2C:43-6.2, which: was enacted to authorize "the reduction of sentence for ... mandatory minimum term of incarceration for certain first-time offenders. N.J.S.A. 2C:43-6.2. Section 6.2 empowers the Assignment Judge, or if so ... 1983), the judge noted the "escape valve," set forth in N.J.S.A. 2C:43-6.2, may be utilized in those instances where imposition of the ...

docket:	a3887-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-06
status:	unpublished
citation:
Document Size:	51356

3 G.A.-H. v. K.G.G. -- rank: 823

... to waive mandatory minimum sentences pursuant to the Graves Act, N.J.S.A. 2C:43-6.2, courts are in a position to conduct meaningful judicial review ...

docket:	a-28-18
court:	NJ Supreme Court
decided:	2019-06-26
status:
citation:	--- A.3d ----
Document Size:	73879

4 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 818

... his request for a Graves Act 1 waiver pursuant to N.J.S.A. 2C:43-6.2. That statute 'embodies the so called 'escape valve' to the ... waiver of the mandatory minimum Graves Act sentence pursuant to N.J.S.A. 2C:43-6.2. In support of that request, defendant attached character reference letters ... Graves Act mandatory minimum sentence should be waived pursuant to N.J.S.A. 2C:43-6.2. See Directive to Ensure Uniform Enforcement of 'Graves Act” (Oct ... 7 is not eligible for a Graves Act waiver under N.J.S.A. 2C:43-6.2. A-3586-19T4 7 Considering both its review of the ... J. at 79, n.16. In 1989, the Legislature enacted N.J.S.A. 2C:43-6.2 to 'mitigate the undue severity that might accompany the otherwise ... term would not serve the interests of justice.' Ibid. Specifically, N.J.S.A. 2C:43-6.2 provides: On a motion by the prosecutor made to ...

docket:	a3586-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-25
status:	Published
citation:
Document Size:	111045

5 STATE OF NEW JERSEY v. KYLE M. GRESAK -- rank: 800

... to dismiss the remaining charge and to move pursuant to N.J.S.A. 2C:43-6.2 for a partial waiver of the Graves Act mandatory forty ... in effect to this day. In 1989, the Legislature enacted N.J.S.A. 2C:43-6.2 '[t]o mitigate the undue severity that might accompany the ... term would not serve the interests of justice.' Ibid. Specifically, N.J.S.A. 2C:43-6.2 provides: On a motion by the prosecutor made to the ... imposition of a mandatory minimum term. The relief afforded by N.J.S.A. 2C:43-6.2 arises in two ways. The prosecutor can make a motion ... instructs prosecutors to tender a 'standardized' plea offer that invokes N.J.S.A. 2C:43-6.2 to reduce the term of parole ineligibility to one year ... a prosecutor moves for a Graves Act waiver pursuant to N.J.S.A. 2C:43- 6.2. State v. Nance, 228 N.J. 378, 395–96 ( ...

docket:	a0483-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-08
status:	Unpublished
citation:
Document Size:	54087

6 /usr/local/share/www/libweb/collections/courts/appellate/a5077-15a5078-15a5146-15a5147-15a5160-15.opn.html -- rank: 793

... N.J.S.A. 2C:43-7.2(b); cf. N.J.S.A. 2C:43-6.2(a) (referring to 'mandatory minimum term'); N.J.S.A ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	64436

7 State v. Kassey Benjamin -- rank: 777

... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). As a first-time offender, defendant filed ... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). In this case, defendant was charged with ... be served by the imposition of a mandatory minimum term. [ N.J.S.A. 2C:43-6.2.] In other words, an eligible defendant may be sentenced to ... moves for or approves a waiver or reduction pursuant to N.J.S.A. 2C:43-6.2. Furthermore, where the prosecuting agency is seeking or approving a ... Judge to waive the imposition of the mandatory-minimum sentence. N.J.S.A. 2C:43-6.2. Prosecutors may not exercise their waiver authority in a way ... imposition of the mandatory-minimum term of imprisonment pursuant to N.J.S.A. 2C:43-6.2 -- the presence of checks becomes all the more important. ...

docket:	a_43_15
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	73759

8 State v. Kassey Benjamin -- rank: 777

... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). As a first-time offender, defendant filed ... and impose either probation or a reduced mandatory custodial term. N.J.S.A. 2C:43-6.2 (section 6.2). In this case, defendant was charged with ... be served by the imposition of a mandatory minimum term. [ N.J.S.A. 2C:43-6.2.] In other words, an eligible defendant may be sentenced to ... moves for or approves a waiver or reduction pursuant to N.J.S.A. 2C:43-6.2. Furthermore, where the prosecuting agency is seeking or approving a ... Judge to waive the imposition of the mandatory-minimum sentence. N.J.S.A. 2C:43-6.2. Prosecutors may not exercise their waiver authority in a way ... imposition of the mandatory-minimum term of imprisonment pursuant to N.J.S.A. 2C:43-6.2 -- the presence of checks becomes all the more important. ...

docket:	A-43-15
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:	228 N.J. 358 157 A.3d 427
Document Size:	73914

9 STATE OF NEW JERSEY v. CHRISTOPHER DENT -- rank: 748

... In certain circumstances, the so-called Graves Act "escape valve," N.J.S.A. 2C:43-6.2, permits relief from the statute's mandatory minimum requirements. That ... which stated that she amended defendant's sentence pursuant to N.J.S.A. 2C:43-6.2, and our decisions in State v. Alvarez , 246 N.J ... a]s defendant was sentenced after the effective date of N.J.S.A. 2C:43-6.2, he should have requested that the sentencing judge refer the ... also Cannel, New Jersey Criminal Code Annotated , comment 2 on N.J.S.A. 2C:43-6.2 (2014) ("[A] prosecutor's decision not to pursue or endorse ... prosecutors to tender an initial standardized plea offer pursuant to N.J.S.A. 2C:43-6.2 that will in typical cases result in the defendant serving ... The remand shall be held before the assignment judge, see N.J.S.A. 2C:43-6.2, or his designee, but, for reasons that are obvious, ...

docket:	a6253-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-09-05
status:	Published
citation:
Document Size:	86449

10 STATE OF NEW JERSEY v. SEAN R. HERCUS -- rank: 739

... a handgun. The State agreed to make a motion under N.J.S.A. 2C:43-6.2 and recommend five years in prison with one year of ... WITH IMPRISONMENT NOT EXCEEDING 364 DAYS AS ALTERNATIVELY AUTHORIZED UNDER N.J.S.A. 2C:43-6.2. POINT 4: STATE V. WATERS , 439 N.J. SUPER. 215 ... at 1, 9. In any event, the prosecutor did invoke N.J.S.A. 2C:43-6.2 and give defendant the standard plea offer of a one ... prosecutor's recommendation was an abuse of his discretion under N.J.S.A. 2C:43-6.2. N.J.S.A. 2C:43-6.2 states: On a motion by the prosecutor made to the ... defendant will be ineligible for parole" an appropriate recommendation under N.J.S.A. 2C:43-6.2, but defendant agreed to it in the plea agreement. ...

docket:	a1259-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-18
status:	unpublished
citation:
Document Size:	38762

11 STATE OF NEW JERSEY v. KEVIN MCGUIRE -- rank: 718

... minimum term for the second-degree firearms offense pursuant to N.J.S.A. 2C:43-6.2. The trial court concluded that it did not have discretion ... f)(2), with a one-year minimum term pursuant to N.J.S.A. 2C:43-6.2. Here, defendant pleaded guilty to unlawful possession of a handgun ... longer. N.J.S.A. 2C:43-6(c). However, N.J.S.A. 2C:43-6.2 provides that, upon the prosecutor's motion establishing that imposition ... prison for the mandatory minimum term. Id. at 82-83. N.J.S.A. 2C:43-6.2 was enacted after Des Marets . L. 1989, c. 52, � ... harsh." Cannel, New Jersey Criminal Code Annotated , comment 2 on N.J.S.A. 2C:43-6.2. In State v. Alvarez , 246 N.J. Super. 137 , 145 (App. Div. 1991), we noted that, under N.J.S.A. 2C:43-6.2, the assignment judge has the ultimate sentencing responsibility, and ...

docket:	a5138-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-22
status:	unpublished
citation:
Document Size:	35843

12 STATE OF NEW JERSEY v. ISAIAH H. CHIA -- rank: 709

... imposed pursuant to the Graves Act "safety valve" exception under N.J.S.A. 2C:43-6.2 (section 6.2). Thereafter, each defendant filed a motion, asking ... 228 N.J. 378 (2017), which addressed procedural issues regarding N.J.S.A. 2C:43-6.2. At our invitation, the parties filed supplemental briefs. In his ... Chia argued: POINT I BECAUSE NANCE CLARIFIED THAT SENTENCING UNDER N.J.S.A. 2C:43-6.2 IS A TWO-STEP PROCESS AND MR. CHIA HAS A ... be served by the imposition of a mandatory minimum term. [ N.J.S.A. 2C:43-6.2 (emphasis added).] Notably, section 6.2 authorizes the court to ... by N.J.S.A. 2C:44-1(d), and N.J.S.A. 2C:43-6.2 makes imprisonment and probation "co-equal sentencing options." This argument ...

docket:	a3718-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-14
status:	unpublished
citation:
Document Size:	45279

13 /usr/local/share/www/libweb/collections/courts/supreme/a1921-15.opn.html -- rank: 691

... identical sentencing issues dealing with the Graves Act waiver provision, N.J.S.A. 2C:43-6.2, which authorizes a prosecutor to move before the assignment judge ... be served by the imposition of a mandatory minimum term. [ N.J.S.A. 2C:43-6.2.] We first address the procedural issue implicated in these appeals ... judge, has the statutory authority to make such a determination. N.J.S.A. 2C:43-6.2. When an application for a waiver under section 6.2 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28611

14 STATE OF NEW JERSEY v. FUQUAN WILLIAMS -- rank: 680

... Chances of having the Prosecutor Consent to Amelioration Pursuant to N.J.S.A. 2C:43-6.2 POINT IV: THE JURY VERDICT ON FOURTH-DEGREE RESISTING ARREST ... ASSIGNMENT JUDGE FOR EXEMPTION FROM THE GRAVES ACT PURSUANT TO N.J.S.A. 2C:43-6.2 [Partially raised below.] II. Defendant challenges the denial of his ... seek an exception from the mandatory minimum at sentencing under N.J.S.A. 2C:43-6.2. However, defendant concedes that there is no explanation in the ... prosecutorial consent for an exception to the mandatory minimum under N.J.S.A. 2C:43-6.2. 6 However, defendant was offered such an exception if he ... had "not request[ed] that the sentence be reviewed under N.J.S.A. 2C:43-6.2," and the prosecutor at sentencing remarked that the crimes "appeared ... seek the prosecutor's consent and move for leniency under N.J.S.A. 2C:43-6.2." Id. at 468. Here, by contrast, the prosecutor at ...

docket:	a0646-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-25
status:	unpublished
citation:
Document Size:	66529

15 STATE OF NEW JERSEY v. HISASHI POMPEY -- rank: 680

... years in prison with one year of parole ineligibility. See N.J.S.A. 2C:43-6.2. 3 We note that the nightclub was near the George ...

docket:	a1003-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-09
status:	unpublished
citation:
Document Size:	49131